| 1 | 1 | | By: Rogers H.B. No. 4133 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | A BILL TO BE ENTITLED |
|---|
| 5 | 5 | | AN ACT |
|---|
| 6 | 6 | | relating to the streamlined expedited release of certain areas from |
|---|
| 7 | 7 | | a certificate of public convenience and necessity. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Sections 13.2541(b), (g), and (i), Water Code, |
|---|
| 10 | 10 | | are amended to read as follows: |
|---|
| 11 | 11 | | (b) As an alternative to decertification or expedited |
|---|
| 12 | 12 | | release under Section 13.254, the owner of a tract of land that is |
|---|
| 13 | 13 | | at least 25 acres and that has [is] not received [receiving] water |
|---|
| 14 | 14 | | or sewer service may petition for expedited release of the area from |
|---|
| 15 | 15 | | a certificate of public convenience and necessity in the manner |
|---|
| 16 | 16 | | provided by this section and is entitled to that release if the |
|---|
| 17 | 17 | | landowner's property is located in a county with a population of at |
|---|
| 18 | 18 | | least one million, a county adjacent to a county with a population |
|---|
| 19 | 19 | | of at least one million, or a county with a population of more than |
|---|
| 20 | 20 | | 200,000 and less than 220,000 that does not contain a public or |
|---|
| 21 | 21 | | private university that had a total enrollment in the most recent |
|---|
| 22 | 22 | | fall semester of 40,000 or more, and not in a county that has a |
|---|
| 23 | 23 | | population of more than 45,500 and less than 47,500. |
|---|
| 24 | 24 | | (g) The monetary amount of compensation, if any, shall be |
|---|
| 25 | 25 | | determined by a qualified individual or firm serving as independent |
|---|
| 26 | 26 | | appraiser agreed upon by the certificate holder and the petitioner. |
|---|
| 27 | 27 | | The determination of compensation by the independent appraiser |
|---|
| 28 | 28 | | shall be conducted in compliance with the Uniform Standards of |
|---|
| 29 | 29 | | Professional Appraisal Practice and is binding on the utility |
|---|
| 30 | 30 | | commission. The costs of the independent appraiser shall be borne |
|---|
| 31 | 31 | | by the petitioner. |
|---|
| 32 | 32 | | (i) If the petitioner and the certificate holder cannot |
|---|
| 33 | 33 | | agree on an independent appraiser within 10 calendar days after the |
|---|
| 34 | 34 | | date on which the utility commission approves the petition, the |
|---|
| 35 | 35 | | petitioner and the certificate holder shall each engage its own |
|---|
| 36 | 36 | | appraiser at its own expense, and each appraisal shall be submitted |
|---|
| 37 | 37 | | to the utility commission within 70 calendar days after the date on |
|---|
| 38 | 38 | | which the utility commission approves the petition. After |
|---|
| 39 | 39 | | receiving the appraisals, the utility commission shall appoint a |
|---|
| 40 | 40 | | third appraiser who shall make a determination of the compensation |
|---|
| 41 | 41 | | within 100 days after the date on which the utility commission |
|---|
| 42 | 42 | | approves the petition. The determination may not be less than the |
|---|
| 43 | 43 | | lower appraisal or more than the higher appraisal. The petitioner |
|---|
| 44 | 44 | | and the certificate holder shall each pay half the cost of the third |
|---|
| 45 | 45 | | appraisal. An appraisal under this subsection must be conducted in |
|---|
| 46 | 46 | | compliance with the Uniform Standards of Professional Appraisal |
|---|
| 47 | 47 | | Practice. |
|---|
| 48 | 48 | | SECTION 2. The changes in law made by this Act apply only to |
|---|
| 49 | 49 | | a proceeding affecting a certificate of public convenience and |
|---|
| 50 | 50 | | necessity that commences on or after the effective date of this Act. |
|---|
| 51 | 51 | | A proceeding affecting a certificate of public convenience and |
|---|
| 52 | 52 | | necessity that commenced before the effective date of this Act is |
|---|
| 53 | 53 | | governed by the law in effect on the date the proceeding is |
|---|
| 54 | 54 | | commenced, and that law is continued in effect for that purpose. |
|---|
| 55 | 55 | | SECTION 3. This Act takes effect September 1, 2023. |
|---|